The years 2019 and 2020 are really tough years, boeing has crashed twice, new zealand has been hit by terrorist attacks, volcanic eruptions, australian fires, Chenzhou train derailment, new coronal virus rages. When everyone is feeling what`s going on in this world, have you ever considered whether you have left enough protection for the person you love if there is a real misfortune and no will? Today, let`s take a look at the question of your protection of your family in the case of an intestate, or "statutory succession ".
Can parents inherit?
In fact, a lot of people have this idea, if they really encounter an accident, can I give part of my inheritance to my parents?
In the case of China`s legal succession, according to Article 1127 of the Civil Code of the People`s Republic of China, the first successor is the spouse, children and parents. Therefore, if you do not leave any will, your legal spouse, children and parents can be divided equally between your property.
And in New South Wales, Australia, under the New State Inheritance Act, in statutory succession (Intestacy) cases, parents can inherit your estate when you have no spouse and children.
Therefore, if you really want to take care of your parents, unless you have no spouse or any children, it is almost impossible in Australia without a will.
What are my spouses and children`s inheritance rights?
As mentioned above, in the case of legal inheritance in China, the spouse, like your children and parents, belongs to the first heir and therefore enjoys a higher priority in inheritance.
In NSW Australia, spouses or spouses have absolute priority. What does absolute priority mean? According to the New State Inheritance Act, the first heir is your spouse (who)(why this happens below); even children between you and the first heir (who is your spouse) can not inherit any estate. However, if you and your predecessors have children, these children are entitled to a small portion of the estate. In short, in the absence of any will, your spouse will be able to get most of the estate.
Let`s take another look at why it`s a spouse. Under the new state inheritance law, a spouse may include the spouse you are now married to, but it may also include the marriage spouse you are now maintaining (yes, australia acknowledges the fact marriage) or even the spouse you have been separated for many years but have not divorced on the law. At this point, I believe many people have realized the seriousness of the problem. In the absence of a will, not only do your children and your current spouse have no inheritance rights, but your divorced spouse and your current spouse have equal inheritance rights!
So much, let`s give you an example:
- Mr. Zhang and Ms. A married 15 years ago and divorced 10 years ago. Mr. Zhang and Ms. A have a son, A;
- Mr. Zhang and Ms. B separated nine years ago marry ,8 but did not divorce, Mr. Zhang and Ms. B have a daughter B;
- Mr. Zhang and Ms. C started the Factual marriage five years ago. So far, there is a son C;
- His parents are still alive and receiving pension.
A White Island trip to New Zealand alone, Mr. Zhang died of a volcanic eruption, leaving no will. The end result, then, is that ms. B and ms. C, who have been separated for many years, share the vast majority of mr. zhang`s estate equally as spouses, while son a receives a small portion of the estate, while mr. zhang`s daughter b and son c and mr. zhang`s parents do not share any of the estate.
I believe that we must now have a deeper understanding of Australia`s legal succession, but also aware of the absence of a will in the event of an accident will leave much regret. Should you wish to leave a guarantee for the person you love, please contact us Australia Shengjing lawer Bank as soon as possible, our lawer will provide you with professional law advice!
A: The content of this article is for reference, not for law suggestion
Contribution: Sheng Jing lawer Bank
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